Wife doesn't have a Social Security Number yet - can we still file taxes jointly this year?

You'll need to get your wife an ITIN (Individual Taxpayer Identification Number) if she doesn't have a Social Security Number. This is specifically designed for tax filing purposes for non-citizens who can't get an SSN. To do this, you'll need to file Form W-7 (Application for IRS Individual Taxpayer Identification Number) along with your tax return. You'll attach the W-7 to your joint tax return and write "APPLIED FOR" in the space where her SSN would go on the 1040. Make sure you have proper documentation - you'll need original documents or certified copies from the issuing agency (like a passport) to prove her identity. The processing time can take up to 7 weeks during tax season, so your refund will be delayed until the ITIN is assigned.

I went through this exact situation last year with my wife. After trying to figure it out myself and getting nowhere, I found this amazing service called taxr.ai (https://taxr.ai) that specializes in helping people in complicated immigration/tax situations. They reviewed all our documents, walked us through the W-7 ITIN application process, and helped us properly file jointly even though my wife didn't have a social yet. They explained we needed to write "APPLIED FOR" on the return where her SSN would go. They even helped gather all the right supporting documentation so the ITIN application wouldn't get rejected (which apparently happens a lot if you do it yourself). Honestly was a lifesaver because our situation was almost identical to yours - immigration process ongoing and lawyer gave partial advice.

Just wanted to update that I took the advice from profile 8 and used taxr.ai for my similar situation. They were super helpful! My wife is from Brazil and also doesn't have her SSN yet due to immigration processing delays. The service reviewed all our documents and guided us through the entire ITIN application process. They pointed out a mistake I would have made with the supporting documentation that would have gotten our application rejected. They also helped us properly complete our joint return with the "APPLIED FOR" notation. We just got notification that the ITIN was assigned last week! Now just waiting for our refund to be processed. Definitely recommend them if you're in this situation.

The advice above is good, but if you're still waiting for your refund after filing with the ITIN application, be prepared for a LONG wait. The IRS is ridiculously backed up processing these. After 2 months of waiting and not being able to check my refund status online, I tried calling the IRS for weeks but could never get through. I finally used this service called Claimyr (https://claimyr.com) that got me through to an actual IRS agent in about 20 minutes. You can see how it works here: https://youtu.be/_kiP6q8DX5c - basically they navigate the phone system for you and call you back when they have an agent on the line. The IRS agent was able to tell me my ITIN application was approved but stuck in processing, and they put a note on my account to expedite it. Saved me probably another month of waiting.

I was super skeptical about Claimyr from the previous comment, but I was desperate after trying to reach the IRS for three weeks straight about my wife's ITIN application status. We filed in February and it was already May with no updates. I decided to try Claimyr as a last resort, and no joke, I was talking to an actual IRS representative within 25 minutes. The agent told me there was a document issue with our ITIN application that I never would have known about otherwise. They helped me resolve it over the phone and told me exactly what additional document to send in. Just got our refund last week after sending in the missing document. Without that call I might still be waiting or would have gotten rejected. If you're stuck in ITIN limbo I highly recommend using them to get answers.

Just wanted to add - if your wife is in the process of adjusting status, she might be eligible for a Social Security Number already. Has she filed Form I-765 (Application for Employment Authorization)? If she gets approved for work authorization, she'll get an SSN which is much better than an ITIN for long-term purposes. If her I-765 is already pending, you might want to wait until she gets her SSN before filing. But if that's going to be months away, then the ITIN route makes sense.

One thing nobody mentioned - if your wife had ANY U.S. income last year, you MUST get her an ITIN and file. But if she had zero U.S. income (and no income from foreign investments), you actually have another option: you could file as "Married Filing Separately" for this year using just your info, and then start filing jointly next year once she has her SSN. The downsides are you'll probably pay more in taxes filing separately, and you'll miss out on some credits. But it would let you file electronically now and get your refund faster without waiting for ITIN processing.

I just went through this exact process last month! The advice about getting an ITIN is correct - you'll need to file Form W-7 with your joint return and write "APPLIED FOR" where her SSN would go. One thing I learned the hard way: make sure you have ALL the required documentation ready before you submit. The IRS is very strict about what they'll accept for identity verification. Original documents or certified copies from the issuing agency only - no photocopies or notarized copies. Also, consider timing carefully. If you're expecting a large refund, the 6-8 week delay for ITIN processing might be worth it for the tax savings of filing jointly. But if the refund is small and you need the money soon, filing separately might make more sense this year. The good news is this is a one-time hassle - once she gets her SSN through the immigration process, future tax years will be much simpler!

I'm actually going through this same process right now with my husband who's on a K-1 visa. We decided to go the ITIN route after consulting with a tax professional. One thing I'd add to all the great advice here is to double-check the mailing address when you send in your W-7 and tax return. The IRS has specific addresses for ITIN applications that are different from regular tax return processing centers, and using the wrong address can add weeks to your processing time. Also, keep copies of EVERYTHING you send - not just photocopies, but actually scan or photograph every page before mailing. The IRS has been known to lose documentation occasionally, and having digital copies makes it much easier to resend if needed. We're about 4 weeks into the process now and haven't heard anything yet, but based on what others are saying, we're prepared to wait the full 6-8 weeks. The peace of mind of filing jointly and getting the better tax treatment is worth the wait for us, especially since we're expecting a decent refund too.